State of South Dakota, Plaintiff and Appellee v. Kenneth C. Huber, Defendant and Appellant (South Dakota 2010)

Summary

The court reversed Huber’s murder conviction and remanded for a new trial because the circuit court improperly excluded defense expert testimony that well-trained officers can unintentionally discharge firearms, preventing Huber from presenting and supporting his accident theory. The court upheld admission of the State’s firearms expert, exclusion of evidence concerning another officer’s accidental discharge, admission of the decedent’s statements under the residual hearsay exception, and admission of other-acts evidence. No separate opinions were filed.

Holding

Admission of the State’s firearms expert testimony. The circuit court did not abuse its discretion by admitting the State’s expert testimony that the shooting was inconsistent with an accidental act by a well-trained officer.

Exclusion of Huber’s defense expert testimony. The circuit court abused its discretion by excluding Huber’s expert testimony concerning accidental discharges by well-trained officers and the physical mechanisms that can cause them.

Exclusion of evidence concerning another officer’s accidental discharge. The circuit court did not abuse its discretion by excluding evidence of the Meade County accidental discharge incident under the balancing rule.

Admission of Pam’s out-of-court statements. The circuit court did not abuse its discretion by admitting Pam’s statements under the residual hearsay exception, although not all statements necessarily qualified as contemporaneous state-of-mind statements.

Admission of Huber’s other acts evidence. The circuit court did not abuse its discretion by admitting evidence of Huber’s alleged abuse, extramarital affairs, and related conduct.

State of South Dakota, Plaintiff and Appellee v. Kenneth C. Huber, Defendant and Appellant

Summary

Holding

Cited authorities

Cited by